Victorian Current Acts Victorian Current Acts(1) A person detained at a treatment centre under a detention and treatment order is entitled to obtain a second opinion from a registered medical practitioner with relevant expertise in severe substance dependence and its treatment.
(2) The second opinion must address whether or not each of the criteria for detention and treatment apply to the person and the treatment of the person.
(3) The senior clinician or the manager of the treatment centre must take all reasonable steps to assist the person in obtaining a second opinion.
(4) If a registered medical practitioner gives a second opinion that one or more of the criteria for detention and treatment no longer applies to the person, the senior clinician of the treatment centre must examine the person without delay and decide whether or not those criteria continue to apply to the person.
(5) If, following an examination of a person under subsection (4), the senior clinician is of the opinion that each of the criteria for detention and treatment continue to apply to the person—
(a) the detention and treatment order under which the person is detained at the treatment centre remains in force; and
(b) the senior clinician must ensure that the Public Advocate is notified as soon as is practicable.
Note
In the scenario described in subsection (5), the person who is the subject of the detention and treatment order has the option of applying under section 22 for a revocation of the order. Under section 27 the Public Advocate may assist the person in applying for the revocation.
(6) If, following an examination of a person under subsection (4), the senior clinician is of the opinion that one or more of the criteria for detention and treatment no longer apply to the person, the senior clinician must discharge the person from the detention and treatment order in accordance with section 35.